Air Products Blue Energy, LLC v. Livingston Parish Government
Defendant: Air Products Blue Energy, LLC, LIVINGSTON PARISH GOVERNMENT, Livingston Parish Council and Jason Ard
Case Number: 3:2022cv00809
Filed: October 18, 2022
Court: US District Court for the Middle District of Louisiana
Presiding Judge: Richard L Bourgeois
Referring Judge: Shelly D Dick
Nature of Suit: Constitutional - State Statute
Cause of Action: 28 U.S.C. § 1332 Diversity-Declaratory Judgment
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 26, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 15, 2022 Filing 31 REPLY in Support of #20 MOTION for Preliminary Injunction filed by Air Products Blue Energy, LLC. (Attachments: #1 Affidavit Affidavit of Brett Venn)(Drew, Michael)
December 14, 2022 Filing 30 REPLY Memorandum in Support of #21 MOTION to Dismiss for Failure to State a Claim Pursuant to FRCP Rules 12(b)(6) and 12(b)(1) filed by Livingston Parish Council, Livingston Parish Government. (LLH)
December 14, 2022 Opinion or Order Filing 29 ORDER granting #28 MOTION for Leave to File Reply in Support of #21 MOTION to Dismiss for Failure to State a Claim. Signed by Chief Judge Shelly D. Dick on 12/14/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
December 13, 2022 Filing 28 Motion for leave to file REPLY in Support of #21 MOTION to Dismiss for Failure to State a Claim Pursuant to FRCP Rules 12(b)(6) and 12(b)(1) filed by Livingston Parish Council, Livingston Parish Government. (Attachments: #1 Proposed Pleading; Reply Memorandum in Support of Motion to Dismiss Pursuant to FRCP Rules 12(b)(1) and 12(b)(6), #2 Proposed Pleading; Proposed Order)(Moody, Christopher) Modified on 12/14/2022 to edit text and event type (ELW).
December 12, 2022 Filing 27 MEMORANDUM in Opposition to #21 MOTION to Dismiss for Failure to State a Claim Pursuant to FRCP Rules 12(b)(6) and 12(b)(1) filed by Air Products Blue Energy, LLC. (Attachments: #1 Declaration)(Drew, Michael)
December 7, 2022 Filing 26 MEMORANDUM in Opposition to #20 MOTION for Preliminary Injunction filed by Livingston Parish Council, Livingston Parish Government. (Moody, Christopher)
December 6, 2022 Opinion or Order Filing 25 ORDER granting #24 Motion for Expedited Hearing on #24 Consent MOTION for Expedited Hearing on #20 MOTION for Preliminary Injunction. Defendant may file an opposition no later than December 12, 2022, not to exceed 25 pages in length. Plaintiff may file a reply no later than December 16, 2022, not to exceed 5 pages in length. Motion for Oral argument is denied without prejudice. The Court will order Oral Argument if it deems necessary. Signed by Chief Judge Shelly D. Dick on 12/6/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
December 2, 2022 Filing 24 Consent MOTION for Expedited Hearing on #20 MOTION for Preliminary Injunction by Air Products Blue Energy, LLC (Attachments: #1 Attachment Proposed Order)(Venn, Brett)
December 1, 2022 Opinion or Order Filing 23 ORDER: as to #21 MOTION to Dismiss for Failure to State a Claim. Plaintiff may file an opposition no later than December 12, 2022, not to exceed 25 pages in length. Defendant may file a reply no later than December 16, 2022, not to exceed 5 pages in length. Signed by Chief Judge Shelly D. Dick on 11/30/2022. (EDC)
November 30, 2022 Filing 22 WAIVER OF SERVICE Returned Executed by Air Products Blue Energy, LLC. Jason Ard waiver sent on 11/23/2022, answer due 1/23/2023. (Venn, Brett)
November 30, 2022 Filing 21 MOTION to Dismiss for Failure to State a Claim Pursuant to FRCP Rules 12(b)(6) and 12(b)(1) by Livingston Parish Council, Livingston Parish Government (Attachments: #1 Proposed Pleading; Memorandum In Support, #2 Attachment Proposed Order)(Moody, Christopher)
November 29, 2022 Filing 20 MOTION for Preliminary Injunction by Air Products Blue Energy, LLC (Attachments: #1 Attachment Memorandum in Support, #2 Exhibit Connolly Declaration, #3 Exhibit Threatt Declaration, #4 Exhibit LP Ordinance 22-49, #5 Proposed Pleading; Preliminary Injunction)(Drew, Michael)
November 22, 2022 Filing 19 VERIFIED AMENDED COMPLAINT for Declaratory and Injunctive Relief against Livingston Parish Council, Livingston Parish Government, Jason Ard, filed by Air Products Blue Energy, LLC.(LLH)
November 22, 2022 Opinion or Order Filing 18 ORDER granting #17 Unopposed MOTION for Leave to File Verified Amended Complaint for Declaratory and Injunctive Relief filed by Air Products Blue Energy, LLC. The Clerk's Office shall enter the Verified Amended Complaint for Declaratory and Injunctive Relief (R. Doc. 17-1) into the record. Plaintiff is responsible for serving the new defendant Sheriff Jason Ard. The Clerk's office shall take appropriate action with respect to the pending Motion to Dismiss (R. Doc. 13) pursuant to Local Civil Rule 12. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/22/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Bourgeois, Richard)
November 21, 2022 MOTION(S) REFERRED: #17 Unopposed MOTION for Leave to File Verified Amended Complaint for Declaratory and Injunctive Relief . This motion is now pending before the USMJ. (EDC)
November 18, 2022 Filing 17 Unopposed MOTION for Leave to File Verified Amended Complaint for Declaratory and Injunctive Relief by Air Products Blue Energy, LLC (Attachments: #1 Proposed Pleading; Verified Amended Complaint for Declaratory and Injunctive Relief, #2 Attachment proposed Order)(Drew, Michael)
November 10, 2022 Opinion or Order Filing 16 SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 1/12/2023 at 11:00 AM before Magistrate Judge Richard L. Bourgeois Jr. Counsel for Plaintiff(s) shall initiate the call to all parties then contact the Court at (225) 389-3602. Status Report due by 12/29/2022. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/10/2022. (SGO)
November 3, 2022 Filing 15 Certificate of Interested Persons by Livingston Parish Council, Livingston Parish Government identifying Corporate Parent Air Products Blue Energy, LLC, Affiliate/Interested Person Christopher Moody, Affiliate/Interested Person Albert D. Giraud, Affiliate/Interested Person Livingston Parish Government, Affiliate/Interested Person Brett S Venn, Affiliate/Interested Person Justin J Marocco, Affiliate/Interested Person Marjorie A McKeithen, Affiliate/Interested Person Nicole M Duarte, Affiliate/Interested Person Trey Kendrick Bartholomew, Affiliate/Interested Person Joshua A Norris, Affiliate/Interested Person Michael C Drew, Affiliate/Interested Person Livingston Parish Council for Livingston Parish Council, Livingston Parish Government.. (Moody, Christopher)
November 3, 2022 Filing 14 NOTICE OF DEFICIENCY with LR 7.1 as to #13 Motion to Dismiss for Failure to State a Claim. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (ELW)
October 28, 2022 Filing 13 MOTION to Dismiss for Failure to State a Claim by Livingston Parish Council, Livingston Parish Government (Attachments: #1 Proposed Pleading; Memorandum In Support, #2 Proposed Pleading; Proposed Order)(Moody, Christopher)
October 26, 2022 Filing 12 NOTICE OF Service Acknowledgement by Louisiana State Land Office pursuant to La. R.S. 13:5107(C) by Air Products Blue Energy, LLC (Marocco, Justin)
October 26, 2022 Filing 11 NOTICE OF Service Acknowledgement by Louisiana State Mineral and Energy Board and Louisiana Department of Natural Resources pursuant to La. R.S. 13:5107(C) by Air Products Blue Energy, LLC (Marocco, Justin)
October 26, 2022 Filing 10 WAIVER OF SERVICE Returned Executed by Air Products Blue Energy, LLC. Livingston Parish Council waiver sent on 10/20/2022, answer due 12/19/2022. (Marocco, Justin)
October 21, 2022 Filing 9 Summons Not Issued: Counsel has requested issuance of a summons for Louisiana Dept of Natural Resources and Office of State Lands through the Public Lands Administrator Cheston Hill The named person/entity is not reflected on the docket sheet as a party in the case. Therefore, summons will not be issued. (ELW)
October 21, 2022 Filing 8 Summons Issued as to Livingston Parish Council, Livingston Parish Government. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (ELW)
October 20, 2022 Filing 7 Summons Submitted as to Office of State Lands through the Public Lands Administrator Cheston Hill (Drew, Michael)
October 20, 2022 Filing 6 Summons Submitted as to Livingston Parish Government through the Parish President Layton Ricks (Drew, Michael)
October 20, 2022 Filing 5 Summons Submitted as to Livingston Parish Council through the parish attorney Christopher M. Moody (Drew, Michael)
October 20, 2022 Filing 4 Summons Submitted as to Livingston Parish Council through the parish attorney Christopher M. Moody (Drew, Michael)
October 19, 2022 Filing 3 Corporate Disclosure Statement by Air Products Blue Energy, LLC identifying Affiliate/Interested Person Air Products and Chemicals, Inc. for Air Products Blue Energy, LLC.. (Drew, Michael)
October 19, 2022 Filing 2 Certificate of Interested Persons by Air Products Blue Energy, LLC identifying Affiliate/Interested Person Air Products and Chemicals, Inc. for Air Products Blue Energy, LLC.. (Drew, Michael)
October 18, 2022 Filing 1 COMPLAINT for Declaratory and Injunctive Relief against LIVINGSTON PARISH GOVERNMENT, Livingston Parish Council ( Filing fee $ 402 receipt number ALAMDC-2492497.), filed by Air Products Blue Energy, LLC. (Attachments: #1 Attachment Civil Cover Sheet)(Drew, Michael)

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Defendant: Air Products Blue Energy, LLC
Represented By: Michael C. Drew
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Defendant: LIVINGSTON PARISH GOVERNMENT
Represented By: Christopher M. Moody
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Defendant: Livingston Parish Council
Represented By: Christopher M. Moody
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Defendant: Jason Ard
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